Effective Date: 14th February 2020
IMPORTANT – PLEASE READ CAREFULLY.
1.1 Subject to these Terms, Jobtiviti will provide Employer with the opportunity to access the following services through Jobtiviti’s website to: -
(i) Post jobs required
(ii) find individuals who use the mobile application software created and owned by Jobtiviti (“Jobtiviti App”) who are seeking to be employed as an employee or independent contractor (“Candidates”) by an Employer
(iii) review Candidates’ resumes, profiles and Pre-Screening Interview Answers
(iv) filter Candidates’
(v) contact Candidates via text message or email
(vi) use and/or subscribe for the Employer Products
(collectively the "Services").
2. BINDING AGREEMENT AND CHANGES TO TERMS
2.1 The Services are provided to Employer subject to these Terms. These Terms form a binding agreement between you and Jobtiviti. By using the Services you agree to accept and/or to be bound by these Terms.
2.2 We may alter, amend, change, waive, terminate or modify any of these Terms from time to time. Any changes will be notified to you via the e-mail address provided by you upon registration or creation of your account (“Employer Account”) or via a suitable announcement on the Jobtiviti.com website.
2.3 If we inform you that the Terms have been modified, you may elect to terminate the use of any of the Services subject to these Terms. If you continue to use any of the Services after receiving notice that these Terms have been modified, any continued use shall constitute acceptance of the modified Terms and be subject to them.
2.4 We may ask that you acknowledge your agreement to any modified Terms. However, even if we do not do so, your continued use of the Services will be subject to the modified terms.
3. EMPLOYER ACCOUNT
3.1 To use the Services, you hereby agree and acknowledge that you are not and do not represent a headhunting agency, recruitment agency, employment agency or any agency, company or entity howsoever described which provides job search and/or recruitment services or such services of a similar nature. However, Jobtiviti reserves the right to allow such companies to use Jobtiviti’s services.
3.2 To use the Services as an Employer, you must register for an Employer Account. Registration is free. By creating an account on the Jobtiviti.com website, you agree to provide accurate, truthful, complete and current information. If you provide false, inaccurate, out-dated or incomplete information, Jobtiviti has the right to suspend or terminate your account. You are responsible for all activities that occur on your account.
3.3 You hereby agree that you are duly authorised to create an Employer Account. You also agree not to create an account using a false identity or false information, or on behalf of someone else. You must not have more than one account (save and except for where you are duly authorised to create an Employer Account for more than one entity within a group of companies) and must not register or use the Jobtiviti.com website or any products or services related to Jobtiviti if you have already been banned from the Jobtiviti.com website.
3.4 You must inform us immediately of any changes to the information that you provided when registering by updating your details in order for us to communicate with you effectively.
3.5 When registering, we may ask for additional information about your organisation and the types of candidates you are seeking. We will review the information you have provided to us during the registration process and any other publicly available information.
3.6 In order to create an account on the Jobtiviti.com website, you shall be deemed to have authorisation from your Employer. We reserve the right to verify that you have such authorisation.
3.7 Employer permits Jobtiviti to verify the information Employer provides including but not limited to Employer phone number and email address ("Contact Details") at any time. Jobtiviti or its agents may call or email Employer via contact details provided and/or carry out any checks or to use any other valid means by using publicly available information ("Verification Process"). Jobtiviti retains the right in its sole discretion to refuse access to Employer following the Verification Process.
3.8 We reserve the right, at our sole discretion, to accept or refuse your registration to use the Services. If your registration is accepted, you will be allowed access to the Services provided by Jobtiviti subject to the terms and conditions herein.
3.9 Once the registration form has been validated, you will receive an email to the address provided to confirm creation of your Employer Account.
3.10 You are responsible for maintaining the confidentiality of your Employer Account, company profiles and password.
Password and security
3.11 When you register for an account to use any products and/or services provided by Jobtiviti through the Jobtiviti.com website, you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us at immediately.
3.12 If Jobtiviti has reason to believe that there is likely to be a breach of security or misuse of the Jobtiviti.com website, we may require you to change your password or we may suspend your Employer Account.
3.13 As a result of your loss of your password or the misuse of the Jobtiviti.com website, all losses or damage incurred thereby shall be borne by you;
and you shall fully indemnify Jobtiviti should Jobtiviti suffer any loss or damage.
4. JOB POSTINGS
4.1 A notice of a job opening (“Job Post”) must not: -
(i) contain any hyperlinks;
(ii) contain misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in our reasonable discretion;
(iii) contain names, logos or trademarks, other than your own;
(iv) contain more than one job, more than one location, or more than one job category unless you have purchased a service that permits this;
(v) contain inaccurate, false, or misleading information or solicit employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
(vi) contain material or links to material that exploits people in a sexual, violent or other manner, or solicit personal information from anyone under 18 years of age without parental/guardian approval;
(vii) contain material or links to material that is discriminatory, libellous, defamatory, threatening, harassing, abusive, or hateful; and
(viii) request Candidates to pay deposits, placement fees, processing fees or any other similar fees, directly or indirectly, and/or require Candidates to make purchases.
4.2 Employer will not use the Services to: -
(i) post jobs on behalf of another organisation or party
(ii) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(iii) post jobs without any intention of hiring, or jobs or positions which are non-existent;
(iv) post jobs or other advertisements for competitors of Jobtiviti or post jobs or other content that contains links to any site competitive with Jobtiviti;
(v) sell, promote or advertise products or services;
(vi) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing scheme, or sales representative agency arrangement or any scheme resembling a multi-level marketing scheme;
(vii) post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(viii) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling (e.g. server, sales person);
(ix) advertise sexual services or seek Candidates for jobs of a sexual or immoral nature;
(x) post or promote any content or material that (a) facilitates, promotes or endorses scams, false or misleading information or illegal activities, or (b) endorses or provides instructional information about illegal activities or such other activities prohibited by these Terms, or (c) promotes or endorses any political views or is politically-motivated;
(xi) post any jobs for any illegal or unlicensed activities; and/or
(xii) promote any opportunity that does not represent bona fide employment.
4.3 Jobtiviti reserves the right to: -
(i) monitor Employer’s use of the Services and suspend or terminate Employer’s use and access of the Services if in Jobtiviti’s sole discretion without any liability to the Employer, if it is deemed that Employer is abusing the Services and/or the Employer’s conduct is considered detrimental to Jobtiviti; and
(ii) approve or reject any Job Post. In the case of rejection, Jobtiviti may inform you of the reasons of rejection where you may be able to amend and resubmit.
(iii) remove any Job Post or content which in the reasonable exercise of Jobtiviti's discretion, does not comply with these Terms or other applicable policies posted on the Jobtiviti.com website, or if any content is posted that Jobtiviti believes is not in the best interest of Jobtiviti or deemed to be inappropriate. Our interpretation of our policies and the decision whether or not to edit or remove any Job Post or content is within our sole discretion.
4.4 If at any time during Employer’s use of the Services, Employer made a misrepresentation of fact to Jobtiviti or otherwise misled Jobtiviti as regards the nature of Employer's business activities, Jobtiviti will have grounds to terminate Employer’s use of the Services.
4.5 Employer is fully responsible for the content of the Job Post and for ensuring that it complies with all relevant legislation and codes of practice.
4.6 Job Posts will be available on the Jobtiviti App and any other channels used by Jobtiviti to source candidates for such duration as Jobtiviti, at its sole and absolute discretion, shall from time to time decide. Employers may request an extension of this period before or even after the expiry of such Job Posts. However, Jobtiviti reserves the right to accept or reject any such request without any justification.
5. NO GUARANTEES OF EMPLOYMENT AND NO REPRESENTATIONS
5.1 Employer agrees that any individuals selected for employment screening from use of the Services will be the Employer's sole responsibility. Jobtiviti is only providing the Services for the purpose of connecting Candidates to the Employer, subject to the Employer’s payment of Jobtiviti’s Fees (as hereinafter defined in Clause 12 herein below) inter alia to requests for a job-specific pre-screening video and/or to obtain the contact details of the Candidates. Employer will be solely responsible for paying all wages or fees, all taxes, and all other expenses associated with the relationship between Employer and the Candidate.
5.2 Jobtiviti does not make any representations as to the qualifications of any Candidate. Therefore, you are solely responsible for checking the identity of the Candidate, conducting your own background check, reference check, investigations, or any other means of due diligence, required before any employment or other engagement to verify the qualities, experience and references of Candidates. Any searching or screening tools provided by Jobtiviti for use in your assessment of the suitability or otherwise of any particular Candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute.
5.3 Additionally, Jobtiviti does not guarantee that any Employer will find a suitable Candidate through the Services.
5.4 Employers are solely responsible for their postings on the Jobtiviti.com website/Jobtiviti App. Jobtiviti shall not have any liability or obligations under or related to hiring decisions, employment agreements, suitability of the Candidates or other agreements, or acts or omissions of, Employers use of the Services.
5.5 Jobtiviti will not be liable in any way for the conduct, character, attitude or for any damages caused by a Candidate hired by an Employer through using the Services.
5.6 Employer is solely responsible for its interactions with Candidates. Jobtiviti shall have no liability for Employer’s interactions with Candidates, or for any Candidate's action or inaction.
6. LINKS TO THIRD PARTY CONTENT
6.1 You acknowledge that the Jobtiviti.com website may contain access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties ("Third Party Content and Services").
6.2 You acknowledge that Jobtiviti does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites). Furthermore, your access to and use of the Third Party Content and Services is at your sole discretion and risk, and Jobtiviti and its affiliates, partners, suppliers and licensors shall have no liability to you whatsoever arising out of or in connection with your access to and use of the Third Party Content and Services. Jobtiviti hereby disclaims any representation, warranty or guarantee regarding the Third Party Content and Services, whether express, implied or statutory, including but without limitation to the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guarantee regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
6.3 You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party providing such Third Party Content and Services are governed by and require your acceptance of the terms of service of such third party, including but without limitation to any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Jobtiviti and its directors, officers, employee, affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that you are not being granted a licence to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
6.4 You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Jobtiviti or its affiliates of such Third Party Content and Services. Jobtiviti reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Jobtiviti.com website, although Jobtiviti has no obligation to restrict or deny access even if requested by you.
6.5 You understand that by accessing and using the Third Party Content and Services, you may encounter information, materials and subject matter (i) that you or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use the Third Party Content and Services at your sole risk and that Jobtiviti and its affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.
6.6 You agree that the Third Party Content and Services contain proprietary information and material that is owned by Jobtiviti and its affiliates, partners, suppliers and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and you shall not exploit the Third Party Content and Services in any unauthorised way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that you will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Jobtiviti is not in any
way responsible for any such use by you.
7. INTELLECTUAL PROPERTY
7.1 You agree and acknowledge that Jobtiviti.com website, its general structure, all other elements comprising the Jobtiviti.com website as well as its contents such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Jobtiviti content (collectively, "Jobtiviti Content"), and the Services and all right, title and interest in and to any Intellectual Property Rights therein and/or related thereto are the exclusive property of Jobtiviti or its licensors. “Intellectual Property Rights” means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. The “Jobtiviti” and “Jobtiviti.com” brand, name and logo are our trademarks (“Jobtiviti Trademarks”), and no right or licence is granted to you herein to use such trademarks.
7.2 The Jobtiviti.com website and Jobtiviti Content are protected under copyright, trademark and other laws.
7.3 You may retrieve and display Jobtiviti.com and Jobtiviti Content on a computer screen, store such content in electronic form on disk (but not any
server or other storage device connected to a network) or print one copy of such content for your non-commercial use specifically for the purpose of seeking employees only and provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes or otherwise any of the materials or Jobtiviti Content on the Jobtiviti.com website without written permission from Jobtiviti.
7.4 Other company, product, and service names located on the Jobtiviti.com website may be trademarks or service marks owned by third parties (“Third-Party Trademarks”, and, collectively with the Jobtiviti Trademarks, the “Trademarks”). Nothing on the Jobtiviti.com website should be construed as granting, by implication, estoppel, or otherwise, any licensee or right to use any Trademark displayed on thereon without our prior written consent for each such use. The Trademarks may not be used to disparage us or the applicable third party, our or a third party’s products or services, or in any manner (in our sole reasonable judgment) that may damage any goodwill in the Trademarks. All goodwill generated from the use of any Jobtiviti Trademark will inure to our benefit.
8. AVAILABILITY OF THE SERVICES
8.1 Although we aim to offer you the best service possible, we make no promise that the Services at the Jobtiviti.com website will meet your requirements. The Services may change over time as Jobtiviti may modify and add more features to them. Jobtiviti may also stop, suspend, or modify the Services at any time without prior notice to you. Jobtiviti may also remove any content or functionality from our Services at our sole discretion.
8.2 We cannot guarantee that the Jobtiviti.com website and/or the Services will be fault-free, error-free, or that Jobtiviti.com Website and servers are free of viruses or other harmful mechanisms. If a fault occurs with the Jobtiviti.com website you should report it here and we will attempt to correct the fault as soon as we can.
8.3 Your access to the Jobtiviti.com website may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access and/or service as soon as we reasonably can without any liability on Jobtiviti’s part.
9. EMPLOYER’S CODE OF CONDUCT
9.1 Employer agrees not to do any of the following: -
(ii) use any data mining, robots or similar data gathering or extraction methods.
(iii) disseminate or post harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information.
(iv) modify or make derivative works based upon the Services;
(v) use the Services or any part of the Services in any manner whatsoever or howsoever with the intention of deceiving or defrauding Jobtiviti, or depriving Jobtiviti of any fees which otherwise would have been payable to Jobtiviti arising from your access to the Jobtiviti.com website and/or your use of the Services including but not limited to utilising any information obtained and/or received from any Candidates through the Pre-Screening Interview Questions and/or soliciting / contacting / prompting Candidates whose profile and/or personal information was obtained through your use of the Jobtiviti.com website, through any means other than the Jobtiviti.com website or the Services provided by Jobtiviti;
(vi) take any action that imposes an unreasonable or disproportionately large load on the Jobtiviti.com website infrastructure;
(vii) violate or attempt to violate the security of the Jobtiviti.com website including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Violations of system or network security may result in civil and/or criminal liability. Jobtiviti will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Employers who are involved in such violations;
(viii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code, underlying structure, ideas, algorithms or method of operation of Jobtiviti or the Services or any related technology, or any part thereof, or authorise any third party to do any of the foregoing;
(ix) aggregate, copy or duplicate in any manner any of the Jobtiviti Content or information available from the Jobtiviti.com website other than as permitted by these Terms;
(x) frame or link to any Jobtiviti Content or information available from the Jobtiviti.com website, unless permitted by these Terms;
(xi) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, circumventing or violating someone's privacy, providing or creating computer viruses or pirating media;
(xii) create Employer Accounts under false or fraudulent pretences; create or use an Employer Account for anyone other than yourself; or create multiple active Employer Accounts;
(xiii) use or attempt to use another's account, share with a third party any login credentials to the Jobtiviti.com website, and/or provide access to the Services through your account to any person who is not your employee or contractor;
(xiv) access data not intended for you or logging into a server or account which you are not authorised to access;
(xv) post or submit to the Jobtiviti.com website any incomplete, false or inaccurate information or information which is not your own;
(xvi) post content that contains restricted or password-only access pages, or hidden pages or images;
(xvii) solicit passwords or personally identifiable information from other users;
(xviii) delete or alter any material posted by any other person or entity;
(xix) harass, incite harassment or advocate harassment of any group, company, or individual;
(xx) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any Candidates, or contact any Candidates that have specifically requested not to be contacted by you;
(xxi) attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Jobtiviti.com website, overloading, "flooding", "spamming", "mail bombing" or "crashing";
(xxii) promote or endorse an illegal or unauthorised copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
(xxiii) use the Services for any unlawful purpose or any illegal activity, or post or submit any content or Job Post that is defamatory, libellous,
implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind or otherwise objectionable as determined by Jobtiviti’s sole discretion;
(xxiv) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
(xxv) act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
(xxvi) disclose information that you do not have the right to disclose (such as confidential information of others);
(xxvii) violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
(xxviii) violate our or our affiliates’ intellectual property or other rights, including, without limitation, using the word “Jobtiviti” or our logos in any business name, email, or URL;
(xxix) license, sublicense, rent, lease, loan, trade, sell/re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or any part thereof or related information or data;
(xxx) generally transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
(xxxi) reproducing any of the Jobtiviti Content for general use;
(xxxii) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
(xxxiii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
(xxxiv) access the Services except through the interfaces expressly provided by us;
(xxxv) promote, endorse or further illegal activities; and/or
(xxxvi) monitor the Services’ availability, performance or functionality for any competitive purpose.
10. CANDIDATES’ RESUME AND OTHER INFORMATION
10.1 As part of the Services, Employer may obtain information about Candidates such as profiles, resumes and/or a Candidate’s response to the Pre-Screening Interview Questions created and uploaded onto Jobtiviti databases, where applicable (“Resume Database”). All data submitted by Candidates or generated through the use of the Services provided by Jobtiviti and the activities of Employers and Candidates, including any information in the Resume Database provided by Candidates, usage information, conversion data, performance details, aggregate statistics and other information of any kind shall belong exclusively to Jobtiviti (“Jobtiviti Data”). The “Pre-Screening Interview Questions” means a set of questions given by the Employers to Candidates as part of the Employer’s screening process which, can be answered by a Candidate via video created by or associated with any Candidate completed through the Jobtiviti App using a video or web camera. The Employer’s Pre-Screening Interview process involves the Candidate answering the Employer’s Pre-Screening Interview Questions which the Employer can later access through the Services. For avoidance of doubt, the Employer hereby agrees that Jobtiviti can remove this Service from the Website at Jobtiviti’s sole discretion without any liability on the part of Jobtiviti.
10.2 You shall use the Resume Database in accordance with these Terms and in compliance with all applicable laws including laws governing privacy and personal data and agree not to disclose any of the data from the Resume Database or information relating to the pre-screening interviews, to any third party.
10.3 Jobtiviti grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the Resume Database via the Jobtiviti.com website for the purpose of viewing and/or downloading a single copy of available profiles and resumes solely for your use subject to the provisions of these Terms.
10.4 The Resume Database is to be accessed and used solely by you. You shall not share Resume Database licence login credentials with any other party.
10.5 You may choose to send interview requests to the Candidates whose profiles correspond to those your organisation is seeking. These interview requests are not binding in nature and are without obligation. They do not constitute the formation of an employment contract binding you in any way whatsoever to the Candidates.
10.6 Subject to the Terms, you may forward Candidates’ profiles and resumes that have been created through the Services to individuals connected to your hiring process and only for the purpose of alerting such individuals of a potential Candidate that may fit the job requirements.
10.7 You shall take appropriate physical, technical, and administrative measures to protect the data you have obtained from the Resume Database from loss, misuse, unauthorised access, disclosure alteration or destruction.
10.8 You shall not use the Resume Database: -
(i) for any purpose other than as an employer seeking employees; or
(ii) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletter to Candidates or to contact any Candidate unless they have agreed to be contacted; or
(iii) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Clause 4.2 above.
10.9 The data obtained from the Resume Database shall not be kept longer than is necessary for the fulfilment of the purposes set out in this Clause 10 and you agree and undertake to delete, destroy and/or purge such data from your records.
10.10 You may not use the Resume Database in any way which, in Jobtiviti’s sole judgment, adversely affects Jobtiviti’s business, business prospects, the performance or function of any of the Jobtiviti.com website or the Resume Database, or interferes with the ability, of other subscribers to access the Resume Database.
10.11 Jobtiviti reserves the right to limit the amount of data (including Candidates’ profile and resume views) that may be accessed by or provided to you in any given time period. These limits may be amended in Jobtiviti’s sole discretion from time to time.
10.12 In order to ensure a safe and effective experience for all Employers and Candidates, Jobtiviti reserves the right and without prior notice to change, stop providing, or create usage/access limits for the Services, including the Resume Database. Jobtiviti may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in Jobtiviti’s sole determination Employer violates any provision of the Terms or for no reason.
10.13 You may use your access to the Resume Database purely for seeking Candidates for employment. You are specifically prohibited from using information contained in the Resume Database to sell or promote any products or services or to take any other action that is, in Jobtiviti’s sole judgment, inconsistent with these Terms, misleading or incomplete, or in violation of any laws or regulations.
10.14 Jobtiviti may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Resume Database at any time. By permitting access to the Resume Database, Jobtiviti does not convey/transfer any interest in or to the Resume Database, Jobtiviti.com website or Services. All right, interest in and to the Resume Database is and shall remain in Jobtiviti.
10.15 Jobtiviti does not warrant or guarantee the accuracy, correctness or veracity of any information provided by the Candidates whether in relation to the Candidates’ resumes, profiles and responses to the Pre-Screening Interview Questions. Jobtiviti shall not be held liable and shall not be responsible for any information of any nature provided by the Candidates whether on the Jobtiviti App or to the Employers.
11. LICENCE AND RESTRICTIONS OF USE
11.1 Employer acknowledges that it shall have only a limited, terminable, non-exclusive, non-transferable licence to access and use the Services for your internal business use to seek Candidates for employment. This authorises Employer to view and download a single copy of Jobtiviti Content or materials on Jobtiviti.com website solely for your use directly related to searching for and recruiting Candidates.
11.2 Employer acknowledges and agrees that it will not use the Services for any purpose that is unlawful, discriminatory, or illegal. Employer agrees that it will use the Services carefully and will not use it in any way which might result in any loss of its or any third party's property or information. Jobtiviti retains all rights, title and interests in the Services and in the Jobtiviti Technology. “Jobtiviti Technology” shall mean (i) technology, methodologies and intellectual property anywhere in the world (including, without limitation, Employer Products, software tools, hardware designs, algorithms, software (in source and object forms), Employer interface designs, architecture, class libraries, objects and documentation (both printed and electronic) or otherwise arising outside of work under these Terms, (ii) any derivatives, improvements, enhancements or extensions of the foregoing conceived, reduced to practice, or developed during the term or in performance under these Terms, and (iii) any intellectual property anywhere in the world relating to any of the foregoing. Employer acknowledges and agrees it has no rights other than those granted in these Terms. Should the Employer provide Jobtiviti with feedback regarding usefulness and functionality of the Jobtiviti.com website or the Services and any problems, ideas or enhancements which come to the Employer's attention the Employer hereby assigns to Jobtiviti all rights, title, and interests to such user suggested enhancements and all property rights including without limitation all patent, copyright, trade secret, trade mark, moral right or other intellectual property rights. We reserve the right to discontinue any aspect of the Jobtiviti.com website or the Services at any time and without notice.
11.3 You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorised commercial use of the Jobtiviti.com website.
12. PRICING, PAYMENT AND BILLING
12.1 The basic features of the Services can be used free of charge. The basic features of the Services include registration, Job Post, use of search filters, and such other basic features which Jobtiviti may introduce from time to time, if any. No payments are due in this case.
12.2 Once the Employer receives a job-specific pre-screening video and/or receives the contact details of the Candidates, the Employer hereby agrees that the candidates are now chargeable (“Chargeable Candidates”) and the Employer shall be bound to pay to Jobtiviti the fee (“Placement Fees”) upon the successful placement/hiring of the respective Candidates (“Successful Placement”).
12.3 The Terms of payment of the Placement Fees shall be more specifically detailed in the Website [https://jobtiviti.com]. Any changes in Terms of payment will be communicated via the Website.
13. NO REFUNDS
13.1 There shall be no refunds whatsoever for any Placement Fees paid (in cleared funds)by an Employer. If the Candidate emplaced via the Jobtiviti platform does not fulfil a one (1) month employment with the Employer after Placement/Hiring by the Employer and subject to Jobtiviti Fees paid (in cleared funds) for Candidates with a monthly Salary of above RM3,500.00, Jobtiviti will provide the Services for the Employer to hire/engage a new Candidate for the similar position with the similar salary range within three (3) months. The Employer hereby agrees to allow Jobtiviti to investigate any such claims to the satisfaction of Jobtiviti prior to the Employer benefiting under this this Clause.
13.2 You may cancel your subscription to the Services and/or discontinue your use of our Services and/or your account at any time subject to the Employer being liable to pay Jobtiviti Fees to Jobtiviti notwithstanding any Placement/Hiring of any Candidate(s) are made after termination of your subscription
13.3 Subject to any applicable laws of Malaysia, in the event that Jobtiviti suspends, limits, or terminates your access to the Services and/or your account due to (a) your breach of these Terms or any of the Jobtiviti policies or any other agreement that you have with Jobtiviti or (b) Jobtiviti ceases its business and/or operations, you understand and accept that you will not receive a refund for any unused Credit(s) by Jobtiviti.
14.1 These Terms will remain in full force and effect while you are a user of any of the Services.
14.2 You can stop using the Services at any time and you may delete your Employer Account by sending an email to email@example.com. Upon deletion of an account, all specific account information will be deleted. However, domain names and a log-register attributable to each deleted account will be kept for archival and administrative purposes. Jobtiviti may also use unidentifiable, aggregated information originating from deleted accounts in its general business operations.
14.3 Jobtiviti reserves the right, at its sole discretion, to take any or all of the following actions as applicable under the circumstances stipulated in Clause 14.4:-
(i) remove any of the Employer Content from the Jobtiviti.com website. “Employer Content” means all material whether publicly posted or privately transmitted, available on or through any of the Services, uploaded to and/or created through the Services by an Employer including but not limited to Job Posts;
(ii) suspend or terminate your registration for an account;
(iii) limit, suspend, terminate or refuse your access to the Services;
(iv) terminate your account immediately without notice to you; and/or
(v) take any further action as permitted by law.
14.4 Jobtiviti may, at its sole discretion, take any or all of the actions in Clause 14.3 under the following circumstances, in addition to the rights of Jobtiviti set forth elsewhere in these Terms:-
(i) any misrepresentations by you or breach by you of these Terms.
(ii) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(iii) any breach by you of any of Jobtiviti’s policies;
(iv) if Jobtiviti is unable to verify or authenticate any information you submit to a Jobtiviti.com website registration;
(v) Jobtiviti has reasonable grounds to believe that the Services have been, or will be, or are being abused, used for any unlawful gains, unlawful purpose and/or used in violation of any of these Terms or any other Jobtiviti agreement or policy. Although specific prohibited items have been listed in these Terms, Jobtiviti reserves the right to consider any action or conduct inconsistent with the intended use of the Services to constitute abuse;
(vi) if Jobtiviti becomes involved in litigation or other similar dispute with you in relation to your Employer Account, or for any other reason. If Jobtiviti becomes aware of litigation relating to an Employer Account, Jobtiviti reserves the right to preserve all the content associated with that Employer Account; or
(vii) if you infringe the copyrights or other intellectual property rights of Jobtiviti or others including but not limited to the unauthorised posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works.
14.5 Even after you are no longer a user of the Jobtiviti.com website or Services, certain provisions of these Terms will remain in effect, including Clauses 7, 11, 12, 13, 15 to 20, inclusive.
15. DISCLAIMERS AND LIABILITY
15.1 Jobtiviti, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. We also do not warrant that we will prevent unauthorised access by third parties. We make no warranties about the accuracy, reliability, completeness, or timeliness of the Jobtiviti Content, Services, software, text, graphics, and links.
15.2 The Jobtiviti.com website, the Services and the Jobtiviti Content are provided on an "as is" basis without any warranties of any kind. The entire risk arising out of the use or performance of the Services remains with the Employer. To the fullest extent possible by law, Jobtiviti does not warrant that the Jobtiviti.com website or the Services will operate error-free or that the Jobtiviti.com website and its servers are free of computer viruses or other harmful mechanisms. If your use of the Jobtiviti.com website, the Services or the Jobtiviti Content results in the need for servicing or replacing equipment or data or any other costs, Jobtiviti is not responsible for those costs.
16. LIMITATION/EXCLUSION OF LIABILITY
16.1 Jobtiviti shall not be liable for any loss of information howsoever caused as a result of any interruption, suspension or termination of the Services or for Jobtiviti Content, accuracy or quality of information available or transmitted through the Services.
16.2 In no event shall Jobtiviti be liable to you for any direct, indirect, consequential or special damages whatsoever suffered by you or any other party relating in any way to the use of the Jobtiviti.com website and/or the Services by you or pursuant to any activities contemplated under these Terms.
16.3 To the fullest extent possible by law, our maximum liability arising out of or in connection with the Jobtiviti.com website and/or the Services or your use of the Jobtiviti.com website and/or the Services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed RM100.
17.1 You agree to keep confidential all information relating to the Services and all Jobtiviti’s content in the website and relating to the information of the Candidates that is provided to you or otherwise accessed by you through the Jobtiviti.com website and/or in relation to the Services.
18. NO RELIANCE ON INFORMATION
18.1 The content on the Jobtiviti.com website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Jobtiviti.com website.
18.2 Although we make reasonable efforts to update the information and content on the Jobtiviti.com website, we make no representations, warranties or guarantees, whether express or implied, that the information and content on our Website is accurate, complete or up-to-date at any time.
19.1 You agree to protect, defend, indemnify, and hold harmless Jobtiviti, and its affiliates, and their respective officers, directors, employees,
consultants and agents, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, related to, resulting from or that may arise from:-
(i) your use of any Employer Content and/or any content from the Resume Database;
(ii) your use of any of the Services;
(iii) your breach of these Terms;
(iv) your sharing of any content obtained through use of the Services to any third party;
(v) the use of any content downloaded from the Jobtiviti.com website to your computer and/or servers;
(vi) information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Jobtiviti.com website and/or Services;
(vii) any misuse, intended or unintended, of any video content (and/or information conveyed therein) by you, your agents, your employees, your customers, and any other parties to whom information is provided; and/or
(viii) your violation of any rights of any other individual or entity.
19.2 Jobtiviti will provide notice to you promptly of any such claim, suit or proceeding.
19.3 Employer further acknowledges and agrees that the software and/or Jobtiviti Content may be modified by Jobtiviti and that modifications may cause a loss of data or content or loss of function or utility in or on Employer. Employer acknowledges and agrees that Jobtiviti may make all such modifications and that, to the extent permitted by applicable law, Jobtiviti is not liable for any loss of data, content, function or utility. Employer WAIVES protections afforded by statute or law, and agrees that Jobtiviti is not liable for nor has control over Employer's actions; and Employer's account. To the extent permitted under applicable laws, the Employer hereby release Jobtiviti from any and all claims or liability related to the Services available under the Jobtiviti.com website.
20. OTHER IMPORTANT TERMS
20.1 We make no promise that content on the Jobtiviti.com website are appropriate or available for use in your location, and accessing the Jobtiviti.com website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Jobtiviti.com website from your location, you do so on your own initiative and are responsible for compliance with local laws.
20.2 You may not transfer or assign any of your rights under these Terms to any other person. Jobtiviti may transfer or assign the whole or part of our rights under these Terms to any third party without your consent.
20.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.4 Each of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining Terms will remain in full force and effect.
20.5 These Terms, its subject matter and its formation, are governed by Malaysia law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Malaysia.
21. CONTACT AND FURTHER INFORMATION
22-09 Menara 1MK
1 Jalan Kiara
50480 Mont Kiara